Equal Access Act
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The Equal Access Act (EAA) was passed in 1984 to end discrimination against Christian clubs in public school.[1] It is now used by homosexual activists to force school boards to allow pro-gay clubs in school.
The EAA prohibits public secondary schools with a "limited open forum" from discriminating against clubs on the basis of political, religious, philosophical, or other content of the speech.[2]
As explained by Straights & Gays for Equality v. Osseo Area Schs., 471 F.3d 908, 911 (8th Cir. 2006) (citations omitted):
- A public secondary school creates a "limited open forum" whenever it "'grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time.'" Thus, a school's obligations under the EAA are "triggered" even if the school only permits one noncurriculum group to meet. Once triggered the EAA forbids a school from prohibiting other groups, based on the content of their speech, from having "equal access" to meet on school premises.
